Holder v. Martinez Gutierrez, ___ U.S. ___, 132 S. Ct. 2011 (May 21, 2012) (LPR cancellation applicant cannot impute parent's time or residence or continuous residence to establish eligibility; BIA construction of the statute is reasonable under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)), abrogating Cuevas"Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005), and Mercado"Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009).

NOTE: This decision made no mention of Brand-X.

Setser v. United States, ___U.S. ___, 132 S.Ct. 1463 (March 28, 2012) (district court had inherent authority to impose a federal sentence consecutive to a yet to be imposed state one, even though the state court then partially foiled the intent of the district court by ordering the state one served concurrently).

Matter of Castro-Rodriguez, 25 I&N Dec. 698 (BIA 2012) (remanding case to IJ to allow respondent to present factual evidence that Virginia conviction of possession with the intent to give or distribute less than one-half ounce of marijuana, in violation of Va. Rev. Stat. 18.2-248.1(a)(1), involved only gratuitous distribution of a small amount of marijuana); following Matter of Aruna, 24 I&N Dec. 452 (BIA 2008) (the federal felony conspiracy to distribute a controlled substance offense, 21 U.S.C.

Matter of Castro-Rodriguez, 25 I&N Dec. 698 (BIA 2012) (remanding case to IJ to allow respondent to present factual evidence that Virginia conviction of possession with the intent to give or distribute less than one-half ounce of marijuana, in violation of Va. Rev. Stat. 18.2-248.1(a)(1), involved only gratuitous distribution of a small amount of marijuana); following Matter of Aruna, 24 I&N Dec. 452 (BIA 2008) (the federal felony conspiracy to distribute a controlled substance offense, 21 U.S.C.

Matter of Diaz-Garcia, 25 I&N Dec. 794 (BIA 2012) (unlawful removal of an alien during the pendency of a direct appeal from a deportation or removal order in violation of 8 C.F.R. 1003.6(a) does not deprive the Board of Immigration Appeals of jurisdiction to review the appeal).

Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012) (except where it is not permitted to by the Circuit Court of Appeal with jurisdiction over the case, all LPRs, regardless of how they acquired their LPR status, are subject to the LPR bars to 212(h), and may not apply for 212(h) relief if he or she (a) has not accrued seven years lawful residence in the U.S. before issuance of an NTA, or (b) was convicted of an aggravated felony since becoming an LPR); Bracamontes v. Holder, 2012 WL 1037479 (4th Cir.Mar. 29, 2012); Martinez v.Mukasey, 519 F.3d 532 (5th Cir. 2008); and Lanier v. U.S.

Matter of A-Y-M, 25 I. & N. Dec. 791 (BIA 2012) (respondent qualified for derivative asylee status because respondent was unmarried and turned 21 while mother's asylum application was pending, applying Child Status Protection Act).

Cheung v. Holder, 678 F.3d 66 (1st Cir. May 2, 2012)(service of Notice to Appear was effective to stop accrual of continuous presence, even though the fraud charge filed in the NTA was withdrawn and a new charge, overstaying, was later added, since the NTA itself was never withdrawn).

Da Silva Neto v. Holder, 680 F.3d 25 (1st Cir. May 10, 2012) (Massachusetts conviction of malicious destruction of property, under Mass. Gen. Laws ch. 266, section 127, is a crime involving moral turpitude; Mass. definition of malicious requires "a state of mind infused with cruelty, hostility, or revenge."), distinguishing Rodriguez"Herrera v. INS, 52 F.3d 238 (9th Cir.1995) (malicious intent in Washington State may be inferred if merely wrongfully done and can include mere pranksters).

Akinsade v. Holder, 678 F.3d 138 (2d Cir. May 1, 2012) (federal conviction for embezzlement by a bank employee under 18 U.S.C. 656, did not categorically constitute a fraud aggravated felony, for purposes of deportation, where none of the facts to which the petitioner actually and necessarily pleaded to establish whether that offense was committed with a specific intent to defraud).